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Articles 1621 - 1650 of 10761
Full-Text Articles in Law
Call To Order & Welcome, R. Erik Lillquist, George W. Conk, Patrick Hobbs
Call To Order & Welcome, R. Erik Lillquist, George W. Conk, Patrick Hobbs
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Herald Of Change? New Jersey's Repeal Of The Death Penalty, George W. Conk
Herald Of Change? New Jersey's Repeal Of The Death Penalty, George W. Conk
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Panel Ii: The Death Penalty On Appeal: Constitutionality, Equality, And Proportionality Review, James R. Zazzali, Deborah T. Poritz, James K. Smith, Alan B. Handler, Peter G. Verniero, Lawrence S. Lustberg
Panel Ii: The Death Penalty On Appeal: Constitutionality, Equality, And Proportionality Review, James R. Zazzali, Deborah T. Poritz, James K. Smith, Alan B. Handler, Peter G. Verniero, Lawrence S. Lustberg
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
What The Legislature Giveth The Judiciary Taketh Away: The Power To Take Private Property For Redevelopment In New Jersey And Gallenthin Realty Development, Inc. V. Borough Of Paulsboro, Constance N. Desena
What The Legislature Giveth The Judiciary Taketh Away: The Power To Take Private Property For Redevelopment In New Jersey And Gallenthin Realty Development, Inc. V. Borough Of Paulsboro, Constance N. Desena
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Speaker Biographies
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Legislative Resolution Presented To Celesete Fitzgerald For The New Jerseyans For Alternatives To The Death Penalty, Robert J. Martin, Raymond J. Lesniak, Celeste Fitzgerald
Legislative Resolution Presented To Celesete Fitzgerald For The New Jerseyans For Alternatives To The Death Penalty, Robert J. Martin, Raymond J. Lesniak, Celeste Fitzgerald
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
The Problem With Dual-Office Holding In New Jersey And Potential Recommendations For Further Reforms Post The 2007 Dual-Office Holding Ban, Edmund Caulfield
The Problem With Dual-Office Holding In New Jersey And Potential Recommendations For Further Reforms Post The 2007 Dual-Office Holding Ban, Edmund Caulfield
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
What Is Google's Reputation Score? A Method For Modified Self-Regulation Of Search, Joseph M. Mercadante
What Is Google's Reputation Score? A Method For Modified Self-Regulation Of Search, Joseph M. Mercadante
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Panel I: The Struggle In The Courtroom, W. Michael Murphy, Dale Jones, William A. Zarling, David A. Ruhnke
Panel I: The Struggle In The Courtroom, W. Michael Murphy, Dale Jones, William A. Zarling, David A. Ruhnke
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Panel Iii - Legislative Moratorium And The New Jersey Death Penalty Study Commission, R. Erik Lillquist, Celeste Fitzgerald, Kevin D. Walsh, James H. Coleman Jr., Miles S. Winder Iii
Panel Iii - Legislative Moratorium And The New Jersey Death Penalty Study Commission, R. Erik Lillquist, Celeste Fitzgerald, Kevin D. Walsh, James H. Coleman Jr., Miles S. Winder Iii
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Address, Jon. S. Corzine
Address, Jon. S. Corzine
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Are New Jersey Lawmakers Taking Maxwell's Silver Hammer Away From Homebuilders? Assessing The Effectiveness Of The Upcoming Amendments To The New Jersey New Home Warranty And Builders' Registration Act, James Cotton
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Administrative Judges' Role In Developing Social Policy, Charles Koch Jr.
Administrative Judges' Role In Developing Social Policy, Charles Koch Jr.
Louisiana Law Review
No abstract provided.
Journal Of Intellectual Property Law Editorial And Managing Boards, 2008-2009, Journal Of Intellectual Property Law
Journal Of Intellectual Property Law Editorial And Managing Boards, 2008-2009, Journal Of Intellectual Property Law
Materials from All Student Organizations
No abstract provided.
10th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2008, Department Of Attorney General, State Of Rhode Island
10th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2008, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Legal Beagle Blog (August 2008), Roger Williams University School Of Law Library
Legal Beagle Blog (August 2008), Roger Williams University School Of Law Library
Law Library Newsletters/Blog
No abstract provided.
Economic Liberties And The Original Meaning Of The Constitution, James W. Ely Jr.
Economic Liberties And The Original Meaning Of The Constitution, James W. Ely Jr.
San Diego Law Review
This Article examines the waxing support for the ideology and practice of economic liberty in the founding era. It points out that Americans of the late 18th century increasingly challenged British trade restrictions as well as long-accepted governmental regulation of the economy, raising both practical and philosophical objections. The paper considers various aspects of the colonial economy, including wage controls, regulations governing the price of bread and meat, the establishment of public markets, changes in land and inheritance laws, land speculation, and the growth of contracting in a market economy. It also probes the impact of the Revolutionary War on …
Originalism And Regulatory Takings: Why The Fifth Amendment May Not Protect Against Regulatory Takings, But The Fourteenth Amendment May, Michael B. Rappaport
Originalism And Regulatory Takings: Why The Fifth Amendment May Not Protect Against Regulatory Takings, But The Fourteenth Amendment May, Michael B. Rappaport
San Diego Law Review
This Article explores the widely disputed issue of whether Takings Clause protects against regulatory takings, offering a novel and intermediate solution. Critics of the regulatory takings doctrine have argued that the original meaning of the Fifth Amendment Takings Clause does not cover regulatory takings. They have quickly moved from this claim to the conclusion that the incorporated Takings Clause under the Fourteenth Amendment also does not cover regulatory takings. In this Article, I accept the claim that the Fifth Amendment Takings Clause does not cover regulatory takings, but then explore the possibility that the incorporated Takings Clause does cover such …
"No Taking Without A Touching?" Questions From An Armchair Originalist, Nicole Stelle Garnett
"No Taking Without A Touching?" Questions From An Armchair Originalist, Nicole Stelle Garnett
San Diego Law Review
It is thus as an armchair originalist that I pose three questions about the use of history to support the dominant academic view that the compensation requirement of the Fifth Amendment's Takings Clause, as originally understood, extended only to physical appropriations or invasions of private property by the government. This position, which I will refer to as the "standard account" or "standard historical account," certainly has attracted forceful dissents in the academy, most notably by the authors featured in this Symposium issue. The view that Takings Clause protection against so-called regulatory takings is ahistorical, however, is commonly accepted enough to …
Human Law, Higher Law, And Property Rights: Judicial Review In The Federal Courts, 1789-1835, John F. Hart
Human Law, Higher Law, And Property Rights: Judicial Review In The Federal Courts, 1789-1835, John F. Hart
San Diego Law Review
Three kinds of innovation are commonly associated with the early federal courts: establishing the institution of judicial review without any clear authorization for doing so, using judicial review to define property rights more expansively than would have been anticipated by contemporaries, and employing fundamental principles derived from natural or "higher" law for this purpose. I will argue that the early federal courts were far less innovative in these three respects than most scholars have supposed. First, the Framers of the Federal Constitution seem to have anticipated that the new federal courts would exercise the power of judicial review, and to …
Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein
Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein
San Diego Law Review
My task in this Article is to show the wisdom of the Siegan position by stressing what happens when courts decide systematically to ignore it in favor of a constitutional view that is far closer to that of Robert Bork insofar as it gives the legislature free reign over both economic liberties and property rights. I cannot do this with respect to the full range of issues that crop up under these two capacious heads. But it is possible to show how a wide range of unsound judicial decisions have created a perfect storm in land use regulation that has …
Take-Ings, William Michael Treanor
Take-Ings, William Michael Treanor
San Diego Law Review
The word property had many meanings in 1789, as it does today, and a critical aspect of the ongoing debate about the meaning of the Fifth Amendment's Takings Clause has centered on how the word should be read in the context of the Clause. Property has been read by Professor Thomas Merrill to refer to "ownership" interests, by Richard Epstein in terms of a broad Blackstonian conception of the individual control of the possession, use, and disposition of resources, by Benjamin Barros as reflective of constructions through individual expectations and state law, and by me as physical control of material …
Originalism: Lessons From Things That Go Without Saying, Robert W. Bennett
Originalism: Lessons From Things That Go Without Saying, Robert W. Bennett
San Diego Law Review
After setting the originalism "stage" and discussion of some of its tribulations, the article turns to the problem of constitutional silences. These come in many shadings, and the article concentrates on three that illustrate different sorts of problems: 1) the failure of the Guarantee Clause to provide a more precise definition of a "republican form of government"; 2) the deafening silence about any role for political parties in the nation's politics and governance; and 3) the absence of guidance about "discretion" to be exercised by presidential elections, which surfaces these days as the problem of the "faithless elector," one who …
The Constitution Of Economic Liberty, John Harrison
The Constitution Of Economic Liberty, John Harrison
San Diego Law Review
Section I of this Article presents a positive account of the Constitution based on descriptive claims that I hope are relatively uncontroversial. It is positive in this sense: it provides an explanation of the Constitution in terms of the purposes that would have led reasonable drafters to produce it. As the topic of this symposium is the constitutional protection of economic liberty, I ask how a reasonable group of drafters, at the time the Constitution's provisions were written, could have adopted those provisions in order to foster a free economy. That produces an account of how the Constitution was designed …
Blackstone's Commentaries And The Privileges Or Immunities Of United States Citizens: A Modest Tribute To Professor Siegan, Eric R. Claeys
Blackstone's Commentaries And The Privileges Or Immunities Of United States Citizens: A Modest Tribute To Professor Siegan, Eric R. Claeys
San Diego Law Review
This Article was prepared for a conference on Economic Liberties and the Original Meaning of the Constitution at the University of San Diego School of Law. The Article sheds light on the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment by canvassing foundational acts of Parliament, colonial charters, constitutional provisions, and treatises referring to privileges or immunities from the seventeenth century through the mid-nineteenth century. Of these sources, the central one is Blackstone's Commentaries on the Law of England, and its discussion of the privileges or immunities of English subjects. Blackstone uses "privileges" and "immunities" to …
Chevron Lite: How Much Deference Should Courts Give To State Agency Interpretation?, Ann Graham
Chevron Lite: How Much Deference Should Courts Give To State Agency Interpretation?, Ann Graham
Louisiana Law Review
No abstract provided.
The Public's Right Of Access To "Some Kind Of Hearing": Creating Policies That Protect The Right To Observe Agency Hearings, Christopher B. Mcneil
The Public's Right Of Access To "Some Kind Of Hearing": Creating Policies That Protect The Right To Observe Agency Hearings, Christopher B. Mcneil
Louisiana Law Review
No abstract provided.